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My work has given me a bogus write up?

I met with my boss, his boss and the director of HR, They offered that they will give me one month severance and not contest my unemployment if I sign a resignation letter. I dont know if I should or let them fire me- I will really be needing unemployment

This is the IDES if thT HELPS

Update:

@ Vince R - I spoke to an attorney over the phoneand he told me to get it in writing. The resignation letter they gave me to sign only protected them by me promising never to file a lawsuit and if I did I would have to pay all legal fees.

As to why I was written up- its a very long story- in a nutshell they fired the CEO, hired a new one and he started to slowly replace people with others he knows from his past companies.

Update 2:

@ Ed Fox- thats what I thought at first. But they can tellme anything they want unless its put in writing, Unfortunately I am learning alot more since I posted this question, the whole situation makes me sick to my stomache. I have worked for this company almost 7 years and have had nothing but really good evaluations each year.

6 Answers

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  • M W
    Lv 7
    10 years ago
    Favorite Answer

    IDES Illinois Dept of Employment Security. If I were you and knew that one way or another I would be leaving this employer, I would do what is best for me.

    That would be to sign the resignation letter, which should state the agreed upon severance, any accrued vacation or sick pay that is due and their agreement to NOT contest unemployment.

    But, when you file for unemployment, you will have to put an acceptable reason for leaving the job. They won't pay you if you resign, but you could put "laid off due to personnel reassignment" or "my job was eliminated", "employer cut backs" or something like that.

    If they fire you, they might have the opportunity to protest your unemployment claim. Employers can be unpredictable.

    Part of your decision should be based on why they are asking you to leave their employ.

  • 10 years ago

    I'm in a similar situation right now where I just got my layoff notice. This isn't a "resignation", which implies that you are leaving on your own and probably negates your ability to claim unemployment benefits. I'd ask them for a layoff notice rather than a resignation. If you let them "fire" you, they may be able to deny unemployment if they can show due cause in the firing.

    If any of the paper work is unclear, ask them if you can have a lawyer review the forms before signing anything. My employer offers a basic severance of 2 weeks and an extended severance if we sign an additional release of claims form (which seems to prohibit me from suing for being let go). My employer HR staff encouraged all of us to consult with a lawyer before signing anything so we know exactly what we get and give up by signing.

  • 10 years ago

    If you quit, they don't have to pay you unemployment... seems like they are trying to trick you into quitting & then lie about what took place.... if you get fired, I believe they have to pay you unemployment.... try to read some other business questions & see if there is a user that seems knowledgable that you can e-mail...

    do a search on unemployment & see what you can find... I found this:

    http://www.unemployment-tips.com/getting-fired.htm...

    If they are already giving you bogus write ups, WHY would you trust them that they would be nice to you now? You think they wanna pay unemployment to you, have to pay you while you don't work? THey don't want to pay you now... They're still trying to take punches at you & trying to leave you stuck with nothing: no job & cheat you out of unemployment.

    Best to you!

    http://jobsearch.about.com/od/salary/a/fired.htm

    http://jobsearch.about.com/od/jobloss/g/wrongfulte...

    If it's over a bogus write-up, it's misconduct & abuse by your employer...

    Have you ever watched the movie Left Behind? Those guys on top were very abusive with ppl under them & thought they were gonna stay on top.... abusing power & thinking there's a revolution going on & they can get away with more abuses these days.... well, they can, temporarily, but it comes with a cost... same thing with the movie The Box.... seriously, that's what is happening these days... ppl are delivering others up for a quick profit or abusive self-satisfaction & not thinking it will come back to haunt them cuz they have associates & friends in certain places that can give them (corruptly) what they want & that those ppl will have the power to protect them from God...

    In a way, the writers of these movies are reflective of the attitudes & behaviors of how society has become.... even Glenn Beck said our country is producing sociopaths.... soo true!

  • 10 years ago

    If you sign a resignation letter and take severance, you won't be eligible for unemployment until after your severance runs out. Your severance letter should somehow show that you were compelled to leave by the company - and not of your own decision.

    You should also file for unemployment immediately. That way if your severance runs out and you have not found work, your benefits will kick in sooner.

    Source(s): I'm in HR.
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  • 10 years ago

    I don't know what the "IDES" is, but you should talk to an employee relations rep. (or whatever they're called at your job). Get advice on whether that's a good idea. If you do decide to make a deal, make sure that everything is SPECIFICALLY STATED IN WRITING AND SIGNED BY EVERYONE INVOLVED. Before you sign the resignation, make sure that you have the agreement in writing and signed. If you don't, prepare to be given the run-around. A promise isn't necessarily enforceable, especially if your bosses deny making it.

    Why are you being fired anyway?

  • Ed Fox
    Lv 7
    10 years ago

    You don't explain the bogus write up part.

    The situation you describe is fairly routine and is actually doing the employee a favor by not contesting unemployment

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